The Court of Appeal in Abuja on Wednesday dismissed an application filed by Mrs. Abimbola Olajumoke Olawumi, a governorship aspirant of the All Progressives Congress, APC, in Ekiti State, seeking to halt judgment in her appeal challenging her disqualification from the party’s primary.
A three-member panel held unanimously that the application, filed by her new counsel, Ebun Olu Adegboruwa, SAN, was “strange, hopeless, reckless and constituted an unpardonable abuse of judicial process”.
Justice Okon Abang, who delivered the lead ruling, said it was strange that Olawumi would seek to reopen an appeal that had been heard and judgment reserved, on the ground that she had engaged a new lawyer and wanted to amend her brief of argument.
He noted that Olawumi was present in court on June 2 when her substantive appeal and an application to regularize her brief were heard, with ruling and judgment reserved.
Justice Abang said the appellant could not, after participating in the proceedings and being represented by counsel, dismiss her lawyer, Chief Ayotunde Ogunleye, SAN, and engage another counsel to seek a rehearing.
“Her application to regularize her brief was heard and ruling reserved. She has been given sufficient opportunity to conduct her appeal. She cannot complain of denial of fair hearing,” he said.
The judge held that there was no provision in the law under which the appeal was filed to support such an application.
“The appellant/applicant cannot seek to argue her appeal in piecemeal. The application by Ebun Olu Adegboruwa, SAN, to arrest the judgment is a joke taken too far. There is no basis to set aside the proceedings, stay proceedings or reopen the appeal,” Justice Abang said.
He described the application as an attempt to overreach the respondents and an effort to anticipate the court’s judgment.
“This is a clear attempt to arrest the ruling and judgment of the court that have been reserved. This cannot take place under our watch,” he said.
Justice Abang dismissed the application for lacking merit and awarded ₦6 million cost against Olawumi, to be paid at ₦2 million each to the three respondents: the APC, the Independent National Electoral Commission, INEC, and Governor Biodun Abayomi Oyebanji of Ekiti State.
Olawumi, disqualified by the APC from the governorship primary, had challenged the decision at the Federal High Court, Abuja, and lost. She appealed to the Court of Appeal.
The appellate court heard the appeal and pending applications on June 2 and reserved ruling and judgment. Before the date for judgment was communicated, Olawumi filed the application on June 8 through Adegboruwa, seeking to set aside proceedings of June 2 and reopen the appeal.
The Court of Appeal said judgment in appeal No. CA/ABJ/CV/557/2026 will be delivered at 11 a.m. on Thursday.
